What are the penalties for DWI?
In Texas, if a person is convicted of his first DWI offense, he will pay a fine no greater than $2,000 and be sentenced to a jail term of no less than 3 days and no more than 180 days in the county jail. This can be probated.
On a second DWI conviction, the maximum fine increases to $4,000 and the jail sentence must be anywhere from 30 days to one year in the county jail. This can be probated.
A third DWI conviction is a third degree felony. The accused will be sentenced from 2 to 10 years in the penitentiary and pay a maximum fine of $10,000. This also can be probated.
DWI convictions with special findings, such as driving with an open container, causing serious bodily injury or death or driving intoxicated with a child in the car will carry with it enhanced punishments.
Probation is not guaranteed in any DWI case, but if eligible, a defendant can often negotiate probation by plea bargain. Probation becomes more unlikely for repeat offenders and in cases where the DWI resulted in DWIphysical injury to another. Further, a second offender must serve 3 days in jail as a condition of probation and an accused convicted of a felony DWI must serve a minimum 10 days as a condition.
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